hdj2010-01-19-07
__________*__________
Tuesday, January 19, 2010
SEVENTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, January 18, 2010, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Chairman Perdue, from the Committee on Health and Human Resources, submitted the
following report, which was received:
Your Committee on Health and Human Resources has had under consideration:
H. B. 2485, Allowing pharmacy interns to vend pseudoephedrine and other chemical
precursors of methamphetamine,
And,
H. B. 2899, Adding Tramadol to Schedule IV of the West Virginia Uniform Controlled
Substances Act,
And reports the same back with the recommendation that they each do pass, but that they first
be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 2485 and H. B. 2899)
were each referred to the Committee on the Judiciary .
Messages from the Executive
The Clerk read a letter from the Legislative Rule-Making Review Committee as follows:
West Virginia Legislature
Legislative Rule-Making Review Committee
January 15, 2010
The Honorable Gregory M. Gray
Clerk, House of Delegates
State Capitol
Charleston, WV 25305
The Honorable Darrell Holmes
Clerk, Senate
State Capitol
Charleston, WV 25305
Gentlemen:
In accordance with the provisions of W.Va. Code, §29A-3-12, we have attached copies of
all of the proposed legislative rules which have been submitted to and acted upon by the Legislative
Rule-Making Review Committee, pursuant to the provisions of W.Va. Code, §29A-3-11, and which
have not previously been submitted to the Legislature for study.
Also, attached is a report listing all of the proposed legislative rules considered by the
Committee, and setting forth the recommendations of the Committee with respect to the proposed
legislative rules. This letter also serves as a statement that a separate bill authorizing the
promulgation of each proposed legislative rule has been drafted by the staff of the Legislative Rule-Making Review Committee.
In accordance with W.Va. Code, §29A-3-11, the draft bills are available for any member to
introduce to the Legislature. The undersigned, as Co-Chairmen of the Legislative Rule-Making
Review Committee, are requesting that, the names of all Committee members be placed upon the
draft bills as sponsors in their respective houses, except for those members who specifically request
otherwise.
Thank you for your cooperation.
Sincerely,
Joseph Minard,
Senate
Bonnie Brown,
House of Delegates
Whereupon,
Mr. Speaker, Mr. Thompson, presented the report of the Legislative Rule-Making Review
Committee in accordance with section twelve, article three, chapter twenty-nine of the code, which
was read by the Clerk, and the accompanying rules were referred as follows:
West Virginia Legislature
Legislative Rule-Making Review Committee
January 15, 2010
West Virginia Legislature
State Capitol
Charleston, West Virginia
Ladies and Gentlemen:
In accordance with the provisions of West Virginia Code, §29A-3-12, as chairmen of the
Legislative Rule-Making Review Committee we submit this report of its activities. A bill, in the
form approved by the Committee, authorizing each of the proposed legislative rules below as submitted, as modified or as modified and amended, has been drafted by the staff of the Legislative
Rule-Making Review Committee pursuant to West Virginia Code §29A-3-11. A bill has also been
drafted authorizing the Superintendent of the State Police to issue a letter of authorization to carry
a handgun only to a retired trooper who resides in this state.
The Committee submits the following proposed rules to the Legislature with the
recommendation that the proposed rules be authorized for promulgation by the respective agencies
as submitted:
Barbers and Cosmetologists, WV Board of
Schedule of Fees, 3CSR6
[H. B. 4043].
Consolidated Public Retirement Board
Refund, Reinstatement and Loan Interest Factors, 162CSR7 [H. B. 4044].
DEP - Air Quality
Standards of Performance for New Stationary Sources, 45CSR16 [H. B. 4045].
DEP - Air Quality
Permits for Construction and Major Modification of Major Stationary Sources of Air
Pollution Which Cause or Contribute to Nonattainment, 45CSR19
[H. B. 4046].
DEP - Air Quality
Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal
Facilities, 45CSR25
[H. B. 4047].
DEP - Air Quality
Acid Rain Provisions and Permits, 45CSR33 [H. B. 4048].
DEP - Air Quality
Emission Standards for Hazardous Air Pollutants, 45CSR34 [H. B. 4049].
DEP - Air Quality
Ambient Air Quality Standards, 45CSR8 [H. B. 4050].
DEP - Waste Management
Covered Electronic Devices Takeback Program, 33CSR11 [H. B. 4051].
Hatfield-McCoy Regional Recreation Area, WV
Use of Facilities, 204CSR1 [H. B. 4052].
Insurance Commission, WV
West Virginia Life and Health Insurance Guaranty Association Act Notice
Requirements, 114CSR36
[H. B. 4053].
Insurance Commission, WV
Viatical Settlements, 114CSR80 [H. B. 4054].
Medicine, WV Board of
Fees for Services Rendered by the Board of Medicine Including Assistance to the
Board-Designated Physician Health Program for Physicians, Podiatrists, and
Physician Assistants, 11CSR4
[H. B. 4055].
Motor Vehicles, WV Division of
Collection of Tax on the Sale of a Vehicle, 91CSR9 [H. B. 4056].
Natural Resources, WV Division of
Commercial Whitewater Outfitters, 58CSR12 [H. B. 4057].
Natural Resources, WV Division of
Special Fishing, 58CSR61 [H. B. 4058].
Personnel, WV Division of
Administrative Rule of the West Virginia Division of Personnel, 143CSR1
[H. B.
4059].
Real Estate Appraiser Licensing and Certification Board, WV
Renewal of Licensure or Certification, 190CSR3 [H. B. 4060].
Tourism, WV Division of
Direct Advertising Grants Program, 144CSR1 [H. B. 4061].
Transportation, WV Department of
Valuation of Used Rolling Stock and Equipment, 172CSR2 [H. B. 4062].
The Committee submits to the Legislature the following proposed rules which were modified
by the agency in accordance with the provisions of West Virginia Code, §29A-3-14, and which were
approved by the Committee with the modifications with the recommendation that the proposed rules
be authorized for adoption by the respective agencies as modified:
Administration, WV Department of
State Owned Vehicles, 148CSR3 [H. B. 4063].
Agriculture, WV Department of
Animal Disease Control, 61CSR1 [H. B. 4064].
Agriculture, WV Department of
Integrated Pest Management Programs in Schools and Child Care Centers and
Facilities, 61CSR12J [H. B. 4065].
Agriculture, WV Department of
West Virginia Shellfish, 61CSR23B [H. B. 4066].
Athletic Commission, WV State
Administrative Rules of the West Virginia State Athletic Commission, 177CSR1 [H.
B. 4067].
Barbers and Cosmetologists, WV Board of
Procedures, Criteria and Curricula for Examinations and Licensure of Barbers,
Cosmetologists, Manicurists and Aestheticians, 3CSR1 [H. B. 4068].
Barbers and Cosmetologists, WV Board of
Standard of Ethics, 3CSR10 [H. B. 4069].
Barbers and Cosmetologists, WV Board of
Continuing Education, 3CSR11 [H. B. 4070].
Barbers and Cosmetologists, WV Board of
Hearing Procedure, 3CSR12 [H. B. 4071].
Barbers and Cosmetologists, WV Board of
Qualifications, Training, Examination and Licensure of Instructors in Barbering and
Beauty Culture, 3CSR2 [H. B. 4072].
Barbers and Cosmetologists, WV Board of
Licensing Schools of Barbering and Beauty Culture, 3CSR3 [H. B. 4073].
Barbers and Cosmetologists, WV Board of
Operation of Barber, Beauty Shops and Schools of Barbering and Beauty Culture,
3CSR5 [H. B. 4074].
Barbers and Cosmetologists, WV Board of
Schedule of Fines, 3CSR7 [H. B. 4075].
Barbers and Cosmetologists, WV Board of
Disciplinary and Complaint Procedures, 3CSR8 [H. B. 4076].
Conservation Agency, WV
Operation of West Virginia State Conservation Committee and Conservation
Districts, 63CSR1 [H. B. 4077].
Consolidated Public Retirement Board
Teachers' Retirement System, 162CSR4 [H. B. 4078].
Consolidated Public Retirement Board
Public Employees Retirement System, 162CSR5 [H. B. 4079].
Consolidated Public Retirement Board
West Virginia State Police, 162CSR9 [H. B. 4080].
Corrections, WV Division of
Recording of Inmate Telephone Calls, 90CSR5 [H. B. 4081].
Corrections, WV Division of
Monitoring Inmate Mail, 90CSR7 [H. B. 4082].
Counseling, WV Board of Examiners in
Marriage and Family License Renewal and Continuing Professional Education,
27CSR10 [H. B. 4083].
Counseling, WV Board of Examiners in
Licensed Professional Counselor Fees, 27CSR2 [H. B. 4084].
Counseling, WV Board of Examiners in
Licensed Professional Counselor License Renewal and Continuing Professional
Education Requirements, 27CSR3 [H. B. 4085].
Counseling, WV Board of Examiners in
Marriage and Family Therapists Licensing, 27CSR8 [H. B. 4086].
Counseling, WV Board of Examiners in
Marriage and Family Therapists Fees, 27CSR9 [H. B. 4087].
DEP - Air Quality
Permits for Construction and Major Modification of Major Stationary Sources of Air
Pollution for the Prevention of Significant Deterioration, 45CSR14 [H. B. 4088].
DEP - Waste Management
Solid Waste Management, 33CSR1 [H. B. 4089].
DEP - Waste Management
Hazardous Waste Management System, 33CSR20 [H. B. 4090].
DEP - Water Resources, Office of
National Pollutant Discharge Elimination System (NPDES) Program, 47CSR10
[H.
B. 4091].
DEP - Water Resources, Office of
Requirements Governing Groundwater Standards, 47CSR12 [H. B. 4092].
DEP - Water Resources, Office of
Water Pollution Control Permit Fee Schedules, 47CSR26 [H. B. 4093].
DEP - Water Resources, Office of
WV/NPDES Rule for Coal Mining Facilities, 47CSR30 [H. B. 4094].
DEP - Water Resources, Office of
Monitoring Wells, 47CSR59 [H. B. 4095].
DEP - Water Resources, Office of
Monitoring Well Design Standards, 47CSR60 [H. B. 4096].
Energy, WV Division of
Community Development Assessment and Real Property Valuation Procedures for
Office of Coalfield Community Development, 207CSR1 [H. B. 4097].
Fire Commission, WV State
State Fire Code, 87CSR1 [H. B. 4098].
Health and Human Resources, WV Department of
Grade "A" Pasteurized Milk, 64CSR34 [H. B. 4099].
Health and Human Resources, WV Department of
Fees for Services, 64CSR51 [H. B. 4100].
Health and Human Resources, WV Department of
Distribution of State Aid Funds to Local Boards of Health, 64CSR67 [H. B. 4101].
Health and Human Resources, WV Department of
Nurse Aide Abuse Registry, 69CSR6 [H. B. 4102].
Health Care Authority, WV
Hospital Ambulatory Health Care Facilities, 65CSR27 [H. B. 4103].
Highways, WV Division of
Use of State Road Rights of Way and Adjacent Areas, 157CSR6 [H. B. 4104].
Highways, WV Division of
Transportation of Hazardous Wastes Upon the Roads and Highways, 157CSR7 [H.
B. 4105].
Insurance Commission, WV
Mental Health Parity, 114CSR64 [H. B. 4106].
Insurance Commission, WV
Use of Senior-Specific Certifications and Professional Designations in the Sale of
Life Insurance and Annuities, 114CSR89 [H. B. 4107].
Licensed Practical Nurses, WV State Board of Examiners for
Policies and Procedures for Development and Maintenance of Educational
Programs in Practical Nursing, 10CSR1 [H. B. 4108].
Motor Vehicles, WV Division of
Denial, Revocation, Restriction, or NonRenewal of Driving Privileges, 91CSR5 [H.
B. 4109].
Natural Resources, WV Division of
Deer Hunting, 58CSR50 [H. B. 4110].
Occupational Therapy, WV Board of
Administrative Rules of the Board of Occupational Therapy & Licensure of
Occupational Therapists and Occupational Therapy Assistants, 13CSR1 [H. B.
4111].
Occupational Therapy, WV Board of
Fees for Services Rendered by the Board, 13CSR3 [H. B. 4112].
Occupational Therapy, WV Board of
Continuing Education and Competence, 13CSR4 [H. B. 4113].
Occupational Therapy, WV Board of
Competency Standards for Advanced Practice by Occupational Therapists and
Occupational Therapy Assistants, 13CSR5 [H. B. 4114].
Occupational Therapy, WV Board of
Ethical Standards of Practice, 13CSR6 [H. B. 4115].
Osteopathy, WV Board of
Licensing Procedures for Osteopathic Physicians, 24CSR1 [H. B. 4116].
Osteopathy, WV Board of
Formation and Approval of Professional Limited Liability Companies, 24CSR4 [H.
B. 4117].
Osteopathy, WV Board of
Fees for Service Rendered by the Board of Osteopathy, 24CSR5 [H. B. 4118].
Outdoor Heritage Conservation Fund, Board of Trustees of the
Outdoor Heritage Conservation Fund, 205CSR1 [H. B. 4119].
Real Estate Appraiser Licensing and Certification Board, WV
Requirements for Licensure and Certification, 190CSR2 [H. B. 4120].
Secretary of State
Early Voting in Person Satellite Precincts, 153CSR13 [H. B. 4121].
Secretary of State
Vote-by-Mail Pilot Project Phase 1: Class IV Early Voting by Mail, 153CSR38 [H.
B. 4122].
Secretary of State
Vote-by-Mail Pilot Project Phase 2: Voting by Mail, 153CSR39 [H. B. 4123].
Speech-Language Pathology and Audiology, WV Board of Examiners for
Licensure of Speech-Pathology and Audiology, 29CSR1 [H. B. 4124].
Tax Department, WV State
Consumers Sales and Service Tax and Use Tax - Drugs, Durable Medical Goods,
Mobility Enhancing Equipment and Prosthetic Devices Per Se Exemption; Motor
Vehicles Per Se Exemption, 110CSR15C [H. B. 4125].
Tax Department, WV State
Residential Solar Energy Tax Credit, 110CSR21D [H. B. 4126].
The Committee submits the following legislative rules which were modified by the agency in accordance with the provisions of West Virginia Code, §29A-3-14, and which was approved by
the Committee with the modifications and with the recommendation that the rule be authorized for
adoption by the agency with amendments:
Fire Commission, WV State
State Building Code, 87CSR4 [H. B. 4127].
Respectfully submitted,
Joseph Minard,
Senate
Bonnie Brown,
House of Delegates
Resolutions Introduced
Delegates Morgan, Stephens, Swartzmiller, Hartman, Givens, T. Walker, Manypenny and
Staggers offered the following resolution, which was read by its title and referred to the Committee
on Rules:
H. C. R. 5 - "Requesting that the Joint Committee on Government and Finance authorize a
study of the law governing the West Virginia Board of Architects."
Whereas, The law regulating the practice of architecture has not been revised since 1990;
and
Whereas, Since that time, changes have occurred in the practice of this profession that have
not been incorporated into the regulatory framework governing the board; and
Whereas, The West Virginia State Board of Architects was established to safeguard the life,
health, property and public welfare of the people of this state and to protect the people against the
unauthorized, unqualified and improper practice of architecture in the State of West Virginia; and
Whereas, The Legislature is committed to protecting the public through the licensure and
regulation of professions and occupations in this state; and
Whereas, The statute governing the West Virginia Board of Architects should be reviewed to consider any appropriate and necessary revisions to the laws and rules governing these
professions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a
study of the law governing the West Virginia Board of Architects; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the
Regular Session of the Legislature, 2011, on its findings, conclusions and recommendations, together
with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare
a report and to draft necessary legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.
Delegates Morgan, Stephens, Swartzmiller, Talbott, Hartman, D. Poling, Givens, Martin,
Ross, C. Miller, T. Walker, Rowan, Manypenny, Poore and Staggers offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 6 - "Requesting that the Joint Committee on Government and Finance authorize a
study of the law governing the West Virginia Board of Hearing Aid Dealers and Fitters."
Whereas, Changes have occurred in the practice of the profession that have not been
incorporated into the regulatory framework governing the board; and
Whereas, The Legislature is committed to protecting the public through the licensure and
regulation of professions and occupations in this state; and
Whereas, The statute governing the West Virginia Board of Hearing Aid Dealers and Fitters
should be reviewed to consider any appropriate and necessary revisions to the laws and rules
governing the profession; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to authorize a
study of the law governing the West Virginia Board of Hearing Aid Dealers and Fitters; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the
Regular Session of the Legislature, 2011, on its findings, conclusions and recommendations, together
with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare
a report and to draft necessary legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.
Petitions
Delegate Evans presented a petition on behalf of his constituents, requesting the Public
Service District of Grant County to install water lines to residents of the Petersburg area of Grant
County; which was referred to the Committee on Energy, Industry and Labor, Economic
Development and Small Business.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4043 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate
a legislative rule relating to a schedule of fees"; to the Committee on Government Organization then
the Judiciary.
By Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4044 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Consolidated Public Retirement Board to refund,
reinstatement and loan interest factors"; to the Committee on Government Organization then The
Judiciary.
By Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4045 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to standards of performance for new stationary sources"; to the
Committee on the Judiciary.
By Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4046 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to permits for construction and major modification of major
stationary sources of air pollution which cause or contribute to nonattainment"; to the Committee
on the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4047 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment,
storage and disposal facilities"; to the Committee on the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4048 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to acid rain provisions and permits"; to the Committee on the
Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4049 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to emission standards for hazardous air pollutants"; to the
Committee on the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4050 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to ambient air quality standards"; to the Committee on the
Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4051 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to solid waste management"; to the Committee on Finance then
the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4052 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Hatfield-McCoy Regional Recreation Authority to
promulgate a legislative rule relating to rules for use of facilities"; to the Committee on Finance then
the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4053 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative
rule relating to the West Virginia Life and Health Insurance Guaranty Association Act notice
requirements"; to the Committee on Banking and Insurance then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4054 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative
rule relating to viatical settlements"; to the Committee on Banking and Insurance then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4055 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Medicine to promulgate a legislative rule
relating to fees for services rendered by the Board including assistance to the Board-designated physician health program for physicians, podiatrists and physician assistants"; to the Committee on
Government Organization then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4056 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Division of Motor Vehicles to promulgate a legislative
rule relating to the collection of tax on the sale of a vehicle"; to the Committee on Finance then the
Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4057 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate
a legislative rule relating to commercial whitewater outfitters"; to the Committee on Natural
Resources then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4058 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate
a legislative rule relating to special fishing"; to the Committee on Natural Resources then the
Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4059 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Division of Personnel to promulgate a legislative rule
relating to the administration of the Division"; to the Committee on Government Organization then
the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4060 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Real Estate Appraiser Licensing and Certification
Board to promulgate a legislative rule relating to renewal of licensure or certification"; to the Committee on Government Organization then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4061 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Division of Tourism to promulgate a
legislative rule relating to the direct advertising grants program"; to the Committee on Finance then
the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4062 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Department of Transportation to promulgate a
legislative rule relating to the valuation of used rolling stock and equipment"; to the Committee on
Roads and Transportation then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4063 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Department of Administration to promulgate a
legislative rule relating to state owned vehicles"; to the Committee on Government Organization
then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4064 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to animal disease control"; to the Committee on Agriculture then the
Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4065 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to integrated pest management programs in schools and child care centers
and facilities"; to the Committee on Agriculture then the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4066 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to West Virginia Shellfish"; to the Committee on Agriculture then the
Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4067 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Athletic Commission to promulgate a legislative rule
relating to the administration of the Commission"; to the Committee on Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4068 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate
a legislative rule relating to the procedures, criteria and curricula for examinations and licensure of
barbers, cosmetologists, manicurists and aestheticians"; to the Committee on Government
Organization then the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4069 - " Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate
a legislative rule relating to the standard of ethics"; to the Committee on Government Organization
then the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4070 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate
a legislative rule relating to continuing education"; to the Committee on Government Organization
then the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4071 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate
a legislative rule relating to hearing procedures"; to the Committee on Government Organization
then the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4072 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate
a legislative rule relating to the qualifications, training, examination and licensure of instructors in
barbering and beauty culture"; to the Committee on Government Organization then the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4073 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate
a legislative rule relating to licensing schools of barbering and beauty culture"; to the Committee on
Government Organization then the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4074 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate
a legislative rule relating to the operation of barber, beauty shops and schools of barbering and
beauty culture"; to the Committee on Government Organization then the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4075 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate
a legislative rule relating to a schedule of fines"; to the Committee Government Organization then
the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4076 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Barbers and Cosmetologists to promulgate
a legislative rule relating to disciplinary and complaint procedures"; to the Committee on
Government Organization then the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4077 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Conservation Agency to promulgate a legislative rule
relating to the operation of the West Virginia State Conservation Committee and conservation
districts"; to the Committee on Natural Resources then the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4078 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate
a legislative rule relating to the Teachers' Retirement System"; to the Committee on Finance then
the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4079 - "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate
a legislative rule relating to the Public Employees Retirement System"; to the Committee on Finance
then the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4080- "A Bill to amend and reenact article 2, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Consolidated Public Retirement Board to promulgate
a legislative rule relating to the West Virginia State Police"; to the Committee on Finance then the
Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4081 - "A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Division of Corrections to promulgate a legislative rule relating to the recording of inmate telephone calls"; to the Committee on Finance then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4082 - "A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Division of Corrections to promulgate a legislative rule
relating to the monitoring of inmate mail"; to the Committee on the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4083 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Examiners in Counseling to promulgate a
legislative rule relating to marriage and family license renewal and continuing professional
education"; to the Committee on the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4084 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Examiners in Counseling to promulgate a
legislative rule relating to licensed professional counselor fees"; to the Committee on Government
Organization then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4085 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Examiners in Counseling to promulgate a
legislative rule relating to licensed professional counselor license renewal and continuing
professional education requirements"; to the Committee on Government Organization then the
Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4086 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Examiners in Counseling to promulgate a
legislative rule relating to marriage and family therapists licensing"; to the Committee on
Government Organization then the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4087 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Board of Examiners in Counseling to
promulgate a legislative rule relating to marriage and family therapists fees"; to the Committee on
Government Organization then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4088 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate
a legislative rule relating to permits for construction and major modification of major stationary
sources of air pollution for the prevention of significant deterioration"; to the Committee on the
Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4089 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to solid waste management"; to the Committee on the
Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4090 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to hazardous waste management systems"; to the Committee
on the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4091 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the National Pollutant Discharge Elimination System
(NPDES) Program"; to the Committee on the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4092 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate
a legislative rule relating to requirements governing ground water standards"; to the Committee on
the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4093 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to water pollution control permit fee schedules"; to the
Committee on the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4094 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the WV/NPDES rules for coal mining facilities"; to the
Committee on the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4095 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate
a legislative rule relating to monitoring wells"; to the Committee on the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4096 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate
a legislative rule relating to monitoring well design standards"; to the Committee on the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4097 - "A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Division of Energy to promulgate a legislative rule relating to community development assessment and real property valuation procedures for the Office
of Coalfield Community Development"; to the Committee on Energy, Industry and Labor, Economic
Development and Small Business then the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4098 - "A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Fire Commission to promulgate a legislative rule
relating to the state fire code"; to the Committee on the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4099 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to Grade 'A' pasturized milk"; to the Committee on Health and
Human Resources then the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4100 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to fees for services"; to the Committee on Finance then the
Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4101 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to the distribution of state aid funds to local boards of health";
to the Committee on Finance then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4102 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to the nurse aid abuse registry"; to the Committee on Health and Human Resources then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4103 - "A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Health Care Authority to promulgate a legislative rule
relating to hospital ambulatory health care facilities"; to the Committee on Health and Human
Resources then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4104 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Commissioner of Highways to promulgate a legislative
rule relating to the use of state road rights of way and adjacent areas"; to the Committee on Roads
and Transportation then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4105 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Commissioner of Highways to promulgate a legislative
rule relating to the transportation of hazardous wastes upon the roads and highways"; to the
Committee on Roads and Transportation then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4106 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative
rule relating to mental health parity"; to the Committee on Banking and Insurance then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4107 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative
rule relating to the use of senior-specific certifications and professional designations in the sale of
life insurance and annuities"; to the Committee on Senior Citizen Issues then the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4108 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the State Board of Examiners for Licensed Practical
Nurses to promulgate a legislative rule relating to policies and procedures for development and
maintenance of educational programs in practical nursing"; to the Committee on Government
Organization then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4109 - "A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Division of Motor Vehicles to promulgate a legislative
rule relating to the denial, suspension, revocation, restriction or nonrenewal of driving privileges";
to the Committee on Roads and Transportation then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4110 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Division of Natural Resources to promulgate
a legislative rule relating to deer hunting"; to the Committee on Natural Resources then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4111 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Occupational Therapy to promulgate a
legislative rule relating to administrative rules of the Board and licensure of occupational therapists
and occupational therapy assistants"; to the Committee on Government Organization then the
Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4112 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Occupational Therapy to promulgate a
legislative rule relating to fees for services rendered by the Board"; to the Committee on Government
Organization then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4113 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Occupational Therapy to promulgate a
legislative rule relating to continuing education and competence"; to the Committee on Government
Organization then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4114 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Occupational Therapy to promulgate a
legislative rule relating to competency standards for advance practice by occupational therapists and
occupational therapy assistants"; to the Committee on Government Organization then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4115 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Occupational Therapy to promulgate a
legislative rule relating to ethical standards of practice"; to the Committee on Government
Organization then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4116 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Osteopathy to promulgate a legislative rule
relating to licensing procedures for osteopathic physicians"; to the Committee on Government
Organization then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4117 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Osteopathy to promulgate a legislative rule
relating to the formation and approval of professional limited liability companies"; to the Committee
on Government Organization then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4118 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Osteopathy to promulgate a
legislative rule relating to fees for services rendered by the Board"; to the Committee on Government
Organization then the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4119 - "A Bill to amend and reenact article 10, chapter 64 of the Code of West
Virginia, 1931, as amended, relating to authorizing the Board of Trustees of the Outdoor Heritage
Conservation Fund to promulgate a legislative rule relating to the Fund"; to the Committee on
Finance then the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4120 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Real Estate Appraiser Licensing and Certification
Board to promulgate a legislative rule relating to requirements for licensure and certification"; to the
Committee on Government Organization then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4121 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Secretary of State to promulgate a legislative rule
relating to the Vote-by-mail Pilot Project Phase 2: Voting by Mail"; to the Committee on Political
Subdivisions then the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4122 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Secretary of State to promulgate a legislative rule
relating to the Vote-by-mail Pilot Project Phase 1: Class IV Early Voting by Mail"; to the Committee
on Political Subdivisions then the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4123 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Secretary of State to promulgate a legislative rule relating to the Vote-by-mail Pilot Project Phase 2: Voting by Mail"; to the Committee on Political
Subdivisions then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4124 - "A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Board of Examiners for Speech-Language Pathology
and Audiology to promulgate a legislative rule relating to the licensure of speech-pathology and
audiology"; to the Committee on Government Organization then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4125 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule
relating to the Consumer Sales and Service Tax and Use Tax - drugs, durable medical goods, mobility
enhancing equipment and prosthetic devices per se exemption; and motor vehicles per se exemption";
to the Committee on Finance then the Judiciary.
Delegates Brown, D. Poling, Miley, Talbott, Overington and Sobonya:
H. B. 4126 - "A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the State Tax Department to promulgate a legislative rule
relating to the residential solar energy tax credit"; to the Committee on Finance then the Judiciary.
Delegates Brown, D. Poling, Miley and Talbott:
H. B. 4127 - "A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia,
1931, as amended, relating to authorizing the Fire Commission to promulgate a legislative rule
relating to the state building code"; to the Committee on the Judiciary.
* * * * * * * * * * * * * * *
By Delegate Perry
[By Request of the Insurance Commission]:
H. B. 4128 - "A Bill to repeal §33-34-11 of the Code of West Virginia, 1931, as amended; to repeal §33-34A-1, §33-34A-2, §33-34A-3, §33-34A-4, §33-34A-5, §33-34A-6, §33-34A-7 and
§33-34A-8 of said code; to amend and reenact §33-34-3 and §33-34-4 of said code; and to further
amend said article by adding thereto a new section, designated §33-34-3a, all relating to insurance
companies deemed to be in hazardous financial condition; deleting severability provisions; providing
for consideration of impact on creditors; revising standards and authority for the Insurance
Commissioner's identification of companies in potentially hazardous condition; providing for
additional remedies; removing requirement of hearing prior to order of supervision; requiring a
prompt hearing; and revising confidentiality provisions"; to the Committee on Banking and Insurance
then the Judiciary.
By Delegates Guthrie, Brown, Hatfield, Wells, Spencer, Poore, Hunt and Skaff:
H. B. 4129 - "A Bill to amend and reenact §11-8-6e of the Code of West Virginia, 1931, as
amended, relating to the clarification in the code that a municipality or county issuing bonds approved
by an election pursuant to article one, chapter thirteen of said code is not subject to the restriction
described in subsection (c), section six-e, article eight, chapter eleven of said code"; to the Committee
on Political Subdivisions then Finance.
By Mr. Speaker, Mr. Thompson, and Delegate Armstead
[By Request of the Executive]:
H. B. 4130 - "A Bill to amend and reenact §3-1A-1, §3-1A-4 and §3-1A-5 of the Code of
West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated
§3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-
11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16 and §3-12-17, all relating to creating the West
Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program; giving additional
duties and per diem pay to the State Election Commission; authorizing the State Election Commission
to use video, telephone and Internet conferencing; providing alternative public campaign financing
option for candidates for the West Virginia Supreme Court of Appeals in 2012; setting forth short title
and certain legislative findings and declarations; defining terms; specifying that the provisions of the act are applicable to candidates for the West Virginia Supreme Court of Appeals in the 2012 primary
and general elections; establishing the Supreme Court of Appeals Public Campaign Financing Fund
and sources of revenue for the fund; authorizing transfer from the Treasurer's Unclaimed Property
Trust Fund to the fund for three years; authorizing tax checkoff program; authorizing attorney fees;
authorizing fair administration of justice court fees; requiring an applicant for public campaign
financing to complete a declaration of intent and setting forth the manner in which an application for
funding may be made; setting forth eligibility criteria for qualifying candidates; allowing participating
candidates to raise funds from private sources and spend exploratory contributions; requiring
candidates seeking public campaign funds to collect a required number of qualifying contributions;
requiring candidates to provide detailed receipts to contributors and to the state Election Commission
for exploratory and qualifying contributions; requiring participating candidates to comply with all
provisions of the act; requiring the state Election Commission to certify eligible candidates and setting
forth the procedure for certification; providing for challenges to certification; providing for revocation
of certification; providing for withdrawal from program; providing for distribution of funds from the
Public Campaign Financing Fund to qualified candidates for funding election campaigns; specifying
the amount of funds available for each candidate and when the funds become available; setting forth
restrictions on participating candidates' contributions and spending; prohibiting participating
candidates from accepting private contributions other than as specifically set forth in the act;
providing for repayment of funds under certain circumstances; providing for penalties; prohibiting
the use of personal funds for certain purposes; permitting qualified candidates to raise funds from
private sources when there is insufficient money in the Public Campaign Financing Fund to make a
complete distribution to all qualified candidates; requiring certain disclosures; requiring candidates
to keep records and report to the state Election Commission; providing for additional funds when
independent expenditures or opponent expenditures exceed certain limits; setting forth certain duties
of the state Election Commission and the Secretary of State; authorizing rules; authorizing the
creation of a voters' guide; providing for the deposit of certain revenue into the fund; requiring repayment of excessive expenditures by candidates; providing both civil and criminal penalties for
violations of the act; and expiring the act in 2013 "; to the Committee on the Judiciary then Finance.
By Delegates Swartzmiller, Klempa, Cowles, J. Miller, Michael, Hall, Martin, Ross and
Stowers:
H. B. 4131 - "A Bill to repeal §30-8-2a, §30-8-2b, §30-8-3a, §30-8-3b and §30-8-5a of the
Code of West Virginia, 1931, as amended; to amend and reenact §30-8-1, §30-8-2, §30-8-3, §30-8-4,
§30-8-5, §30-8-6, §30-8-7, §30-8-8, §30-8-9, §30-8-10 and §30-8-11 of said code; and to amend said
code by adding thereto ten new sections, designated §30-8-12, §30-8-13, §30-8-14, §30-8-15, §30-8-
16, §30-8-17, §30-8-18, §30-8-19, §30-8-20 and §30-8-21, all relating to the Board of Optometry;
prohibiting the practice of optometry without a license; providing other applicable sections; providing
definitions; providing for board composition; setting forth the powers and duties of the board;
clarifying rule-making authority; continuing a special revenue account; establishing license
requirements; providing for licensure for persons licensed in another state; establishing renewal
requirements; providing permit requirements; requiring display of license; setting forth grounds for
disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation
of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice
requirements; providing for civil causes of action; providing criminal penalties and providing that a
single act is evidence of practice"; to the Committee on Government Organization then the Judiciary.
By Delegates Perry, Ellem and Ross:
H. B. 4132 - "A Bill to amend and reenact §61-8B-10 of the Code of West Virginia, 1931,
as amended, relating to increasing the penalties for sexual intercourse or sexual intrusion on
incarcerated persons to not less than ten nor more than twenty-five years or fined not more than
$10,000 "; to the Committee on the Judiciary then Finance.
By Delegates Morgan, Stephens, Swartzmiller, Talbott, Hartman, D. Poling, Martin,
Rowan, Manypenny and Staggers:
H. B. 4133 - "A Bill to amend and reenact §30-31-9 of the Code of West Virginia, 1931, as amended, relating to licensed professional counselors; and clarifying the eligibility requirements to
practice marriage and family therapy"; to the Committee on Government Organization then the
Judiciary.
By Delegate Morgan, Stephens Swarztmiller, Hartman, D. Poling, Givens, Manypenny
and Staggers:
H. B. 4134 - "A Bill to repeal §5-1D-11, of the Code of West Virginia, 1931, as amended;
to repeal §5-10D-8 of said code; to repeal §5-11-21 of said code; to repeal §5-14-12 of said code; to
repeal §5-16-4a and §5-16-27 of said code; to repeal §5-16B-4a of said code; to repeal §5-16C-10 of
said code; to repeal §5-22A-15 of said code; to repeal §5-26A-6 of said code; to repeal §5-28-4 of
said code; to repeal §5A-3-57 of said code; to repeal §5A-8-15a of said code; to repeal §5A-11-8 of
said code; to repeal §5B-2-13 of said code; to repeal §5B-2A-13 of said code; to repeal §5B-2C-8 of
said code; to repeal §5C-2-6 of said code; to repeal §5D-1-24 of said code; to repeal §6B-2-11 of said
code; to repeal §6C-3-5 and §6C-3-6 of said code; to repeal §9-2-1a of said code; to repeal §10-5-6
of said code; to repeal §11-1-8 of said code; to repeal §12-6-20 of said code; to repeal §12-6C-20 of
said code; to repeal §15-2-50 of said code; to repeal §15-2D-6 of said code; to repeal §15-2E-8 of said
code; to repeal §16-1-13a of said code; to repeal §16-5P-15 of said code; to repeal §16-5Q-3 of said
code; to repeal §16-29B-28 of said code; to repeal §16-41-7 of said code; to repeal §17-2A-1a of said
code; to repeal §17A-2-24 of said code; to repeal §17A-6-18b of said code; to repeal §17B-1D-10 of
said code; to repeal §18-2F-9 of said code; to repeal §18-9D-18 of said code; to repeal §18-10C-3 of
said code; to repeal §18-10L-8 of said code; to repeal §18A-3A-4 of said code; to repeal §18B-16-6b
of said code; to repeal §19-1-3b of said code; to repeal §19-2B-1a of said code; to repeal §19-2F-11
of said code; to repeal §19-23-30 of said code; to repeal §20-1-18d and §20-1-21 of said code; to
repeal §20-2-23f of said code; to repeal §20-5-20 of said code; to repeal §21-1-5 of said code; to
repeal §21-9-13 of said code; to repeal §21-11-19 of said code; to repeal §21A-1-9 of said code; to
repeal §21A-2-9 of said code; to repeal §22-1-4 and §22-1-7a of said code; to repeal §22-3A-11 of
said code; to repeal §22-15A-15 of said code; to repeal §22-20-2 of said code; to repeal §22-25-1, §22-25-2, §22-25-3, §22-25-4, §22-25-5, §22-25-6, §22-25-7, §22-25-8, §22-25-9, §22-25-10, §22-
25-11, §22-25-12, and §22-25-13 of said code; to repeal §22B-3-5 of said code; to repeal §22C-7-4
of said code; to repeal §22C-9-4a of said code; to repeal §22C-11-6 of said code; to repeal §24-1-10
of said code; to repeal §25-1-2 of said code; to repeal §25-6-1, §25-6-2, §25-6-3, §25-6-4, §25-6-5,
§25-6-6 and §25-6-7 of said code; to repeal §29-1-1b of said code; to repeal §29-1A-5 of said code;
to repeal §29-2-10 of said code; to repeal §29-3-31 of said code; to repeal §29-6-5a of said code; to
repeal §29-12-12 of said code; to repeal §29-18-24 of said code; to repeal §29-20-7 of said code; to
repeal §29-21-3a of said code; to repeal §29-22-26 of said code; to repeal §30-3-18 of said code; to
repeal §30-4-30 of said code; to repeal §30-5-25 and §30-5-29 of said code; to repeal §30-6-32 of said
code; to repeal §30-7-17 of said code; to repeal §30-7A-12 of said code; to repeal §30-7B-10 of said
code; to repeal §30-8-11 of said code; to repeal §30-9-32 of said code; to repeal §30-12-15 of said
code; to repeal §30-13-25 of said code; to repeal §30-13A-37 of said code; to repeal §30-14-16 of said
code; to repeal §30-21-16 of said code; to repeal §30-22-29 of said code; to repeal §30-23-30 of said
code; to repeal §30-28-8a of said code; to repeal §30-30-14 of said code; to repeal §30-32-22 of said
code; to repeal §30-34-17 of said code; to repeal §30-35-15 of said code; to repeal §30-36-20 of said
code; to repeal §30-37-12 of said code; to repeal §30-38-19 of said code; to repeal §30-40-28 of said
code; to repeal §31-16-1, §31-16-2, §31-16-3, §31-16-4 and §31-16-5 of said code; to repeal §31A-3-
5 of said code; to repeal §48-18-134 of said code; and to repeal §48-26-1102 of said code, all relating
to removing nonutilized code sections"; to the Committee on Government Organization.
By Delegates Morgan, Stephens, Talbott, Staggers, C. Miller, Hartman, Ross and
Swartzmiller:
H. B. 4135 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §6B-2-5c, relating to authorizing the Ethics Commission to
promulgate a legislative rule to establish guidelines under which a member of a state professional
licensing board may serve concurrently as an officer of a state professional association"; to the
Committee on Government Organization then the Judiciary.
By Delegates Brown, Miley, Caputo, Frazier, Hunt, Hutchins, Michael and Wells:
H. B. 4136 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto two new sections, designated §11A-3-5a and §11A-3-5b; and to amend and reenact §11A-3-6,
§11A-3-8, §11A-3-9, §11A-3-11, §11A-3-14, §11A-3-15, §11A-3-16, §11A-3-18, §11A-3-19, §11A-
3-20, §11A-3-21, §11A-3-22, §11A-3-23, §11A-3-24, §11A-3-25, §11A-3-26, §11A-3-27, §11A-3-
28, §11A-3-30, §11A-3-31 and §11A-3-32 of said code, all relating to delinquent land sales by the
sheriff; authorizing the State Auditor to perform certain duties for delinquent land sales by sheriff
instead of the clerk of the county commission; raising fees; providing effective date; and allowing
counties to retain duties for delinquent land sales by sheriff"; to the Committee on the Judiciary then
Finance.
By Delegates Wells, Caputo, Hunt, Brown, Morgan, Marshall, Martin, Hatfield, Fragale
and Perdue:
H. B. 4137 - "A Bill to amend and reenact §3-6-2 of the Code of West Virginia, 1931, as
amended, relating to using voter registration figures to determine the placement of political parties
on the general election ballot"; to the Committee on the Judiciary.
By Delegates Morgan, Stephens, Swartzmiller, Hartman, Staggers, D. Poling, Givens,
Martin, C. Miller, Porter and Rowan:
H. B. 4138 - "A Bill to amend and reenact §30-23-6, of the Code of West Virginia, 1931, as
amended, relating to the practice of medical imaging and radiation therapy; the West Virginia Medical
Imaging and Radiation Therapy Technology Board of Examiners; radiologic technologists; and
including radiologist assistants under the board's regulating authority"; to the Committee on
Government Organization.
By Delegates Morgan, Stephens, Swartzmiller, Givens, Staggers, Hartman, Ross and
Butcher:
H. B. 4139 - "A Bill to repeal §30-1-15 of the Code of West Virginia, 1931, as amended; and
to amend and reenact §30-1-2a, §30-1-5, §30-1-6, §30-1-8, §30-1-11 and §30-1-14 of said code; and to amend said code by adding thereto a new section, designated §30-1-19, all relating to professional
licensing boards; repealing antiquated ineffective provisions; requiring attendance at orientation
sessions; revising requirements for specific subject matter at orientation sessions; clarifying who may
call a board meeting; establishing quorums; reporting violations; clarifying the issuance of notices
to cease and desist; authorizing boards to propose fees notwithstanding specific fees established in
code; notifying licensees of proposal of fees in legislative rules; authorizing boards to levy fines;
hiring administrative law judges; clarifying law governing hearings and administrative hearings;
requiring board members to adhere to ethical standards for appointed officials; permitting boards to
establish a process for modifying or waiving continuing education requirements or renewal fees for
licensees in active duty military service; and requiring regulatory board reviews"; to the Committee
on Government Organization.
By Delegates Morgan, Stephens, Swartzmiller, Staggers, Martin, Givens, Hartman,
Ross, C. Miller, Manypenny and Hatfield:
H. B. 4140 - "A Bill to repeal §30-20-8a of the Code of West Virginia, 1931, as amended;
to amend and reenact §30-20-1, §30-20-2, §30-20-3, §30-20-4, §30-20-5, §30-20-6, §30-20-7, §30-
20-8, §30-20-9, §30-20-10, §30-20-11, §30-20-12, §30-20-13, §30-20-14 and §30-20-15; and to
amend said code by adding thereto five new sections, designated §30-20-16, §30-20-17, §30-20-18,
§30-20-19 and §30-20-20 all relating to the Board of Physical Therapy; prohibiting the practice of
physical therapy without a license; providing other applicable sections; providing definitions;
providing for board composition; setting forth the powers and duties of the board; clarifying
rulemaking authority; continuing a special revenue account; establishing license requirements;
providing for licensure for persons licensed in another state; establishing renewal requirements;
providing permit requirements; requiring display of license; setting forth grounds for disciplinary
actions; allowing for specific disciplinary actions; providing procedures for investigation of
complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice
requirements; providing for civil causes of action; providing criminal penalties and providing that a single act is evidence of practice"; to the Committee on Government Organization then the Judiciary.
By Delegates Morgan, Stephens, Swartzmiller, Givens, Hartman, Manypenny, Michael
and C. Miller:
H. B. 4141 - "A Bill to repeal §30-18-2, §30-18-3, §30-18-4, §30-18-5, §30-18-6, §30-18-7,
§30-18-8, §30-18-9, §30-18-10, §30-18-11 §30-18-12, and §30-18-13 of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto a new article, designated §15-14-1, §15-14-
2, §15-14-3, §15-14-4, §15-14-5, §15-14-6, §15-14-7, §15-14-8, §15-14-9, §15-14-10, §15-14-11
§15-14-12, §15-14-13, §15-14-14, §15-14-15, §15-14-16, §15-14-17 and §15-14-18; and to amend
and reenact §30-18-1, all relating to transferring private security services from the Secretary of State
to the Division of Criminal Justice Services"; to the Committee on Government Organization then
the Judiciary.
By Delegates Morgan, Stephens, Swartzmiller, Martin, Hartman, Manypenny and
Staggers:
H. B. 4142 - "A Bill to amend and reenact §30-17-1, §30-17-2, §30-17-3, §30-17-4, §30-17-5,
§30-17-6, §30-17-7, §30-17-8, §30-17-9, §30-17-10 and §30-17-11 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto nine new sections, designated §30-17-
12, §30-17-13, §30-17-14, §30-17-15, §30-17-16, §30-17-17, §30-17-18, §30-17-19 and §30-17-20,
all relating to the State Board of Sanitarians; prohibiting the practice of environmental health science
without a license; prohibiting the practice of public health sanitation without a certificate; providing
other applicable sections; providing definitions; providing for board composition; setting forth the
powers and duties of the board; clarifying rule-making authority; continuing a special revenue
account; establishing license, permit and certificate requirements; providing for exemptions from
licensure; providing for licensure for persons licensed in another state; establishing renewal
requirements; requiring display of license; setting forth grounds for disciplinary actions; allowing for
specific disciplinary actions; providing procedures for investigation of complaints; providing for
judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; providing that a single act is evidence of practice;
establishing fees; and establishing continuing education requirements"; to the Committee on
Government Organization then the Judiciary.
By Delegates Morgan, Stephens, Staggers, Swartzmiller, Talbott, Martin, Givens, C.
Miller, Hartman, Butcher and Rowan:
H. B. 4143 - "A Bill to repeal §16-4C-5a of the Code of West Virginia, 1931, as amended;
to amend and reenact §16-4C-3, §16-4C-6, §16-4C-6a, §16-4C-8, §16-4C-9, §16-4C-10, §16-4C-12
and §16-4C-16 of said code, all relating to emergency medical services; revising definitions; revising
rulemaking authority; revising requirement to review statewide emergency medical services
implementation plan; revising requirements to operate emergency medical vehicle; requiring
applicants to allow the State Police access to personal background information; removing nonutilized
code sections; requiring certified persons to report violations; providing immunity from civil liability
for reporting violations; clarifying procedures for hearings, rights of appeal and judicial review;
removing automatic stay on appeal; increasing criminal penalties; clarifying limitations on immunity
in the absence of required insurance policy; and removing antiquated language"; to the Committee
on Government Organization then the Judiciary.
By Delegates Morgan, Stephens, Swartzmiller, Talbott, Hartman, Givens, Martin, T.
Walker, Rowan, C. Miller and Manypenny:
H. B. 4144 - "A Bill to repeal §30-10A-1, §30-10A-2, §30-10A-3, §30-10A-4, §30-10A-5,
§30-10A-6, §30-10A-7, §30-10A-8 and §30-10A-9 of the Code of West Virginia, 1931, as amended;
to amend and reenact §30-10-1, §30-10-2, §30-10-3, §30-10-4, §30-10-5, §30-10-6, §30-10-7, §30-
10-8, §30-10-9, §30-10-10, §30-10-11, §30-10-12, §30-10-13, §30-10-14, §30-10-15, §30-10-16,
§30-10-17, §30-10-18, §30-10-19 and §30-10-20; and to amend said code by adding thereto three new
sections, designated §30-10-21, §30-10-22 and §30-10-23, all relating to the Board of Veterinary
Medicine; prohibiting the practice of veterinary medicine without a license; prohibiting the practice
of veterinary technology with a certificate; prohibiting the practice of animal euthanasia without a registration; providing other applicable sections; providing definitions; providing for board
composition; setting forth the powers and duties of the board; clarifying rule-making authority;
continuing a special revenue account; establishing license, certificate and registration requirements;
creating a scope of practice; establishing requirements for an animal euthanasia training program;
creating a temporary permit; establishing renewal requirements; providing for exemptions from
licensure; providing requirements for the display of a license; setting forth grounds for disciplinary
actions; allowing for specific disciplinary actions; providing procedures for investigation of
complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice
requirements; providing for civil causes of action; providing criminal penalties; providing for
privileged communication and providing that a single act is evidence of practice"; to the Committee
on Government Organization.
House Calendar
Second Reading
Com. Sub. for H. B. 4016, Strengthening the Ethics Act financial disclosure filing
requirements;
on second reading, coming up in regular order, was read a second time.
At the request of Delegate Boggs, and by unanimous consent, the bill (Com. Sub. for H. B.
4016) was advanced to third reading with amendments pending.
Miscellaneous Business
Delegate Lawrence asked and obtained unanimous consent that the remarks of Delegate Doyle
regarding the Legislative audit on four year colleges be printed in the Appendix to the Journal.
At 11:31 a.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, January 20,
2010.